July 17, 2008

Chicago Nursing Home Sued for Wrongful Death in Patient's Brutal Beating Murder

The estate of a 77-year-old Chicago nursing home patient who died after being beaten to death by his roommate has filed a wrongful death lawsuit against the facility. Ivory Jackson's estate is seeking $50,000 in damages from the All Faith Pavilion nursing home because Jackson, who had Alzheimer’s, was housed with a roommate who was mentally ill. The Cook County coroner said his death was caused by an infection and injuries after he was struck in the head during an assault.

Jackson’s roommate, Solomon Owasanoye, has been charged with first-degree murder. He reportedly suffers from dementia.

Premises Liability
Property owners and managers are supposed to make sure that their premises are secure so that visitors, residents, and patrons will not become the victims of any kind of crime. When inadequate security and precautions result in someone’s injury or death, the party in charge of the premise can be held liable under Illinois’s premises liability law if he or she could have done more to prevent the crime from happening.

Some crimes that can occur on a premise due to inadequate security measures:

• Sexual assault
• Assault & battery
• Rape
• Robbery
• Break-ins

Owners and managers of nursing homes, schools, college dorms, clubs, hotels, restaurants, and other premises where people live or frequently visit can be held responsible for crimes committed by third parties on their property.

Suit filed by estate of man fatally beaten in nursing home, ChicagoTribune.com, July 14, 2008

Lawsuit filed in nursing home beating death, WHITV.com/AP, July 15, 2008


Related Web Resource:

Man Charged With Murder For Nursing Home Beating, MyFoxChicago.com, June 28, 2008

June 1, 2007

Top Law Firms Utilize Mediation and Arbitration to Aggressively Resolve Personal Injury Cases

In 2006, Chicago based A.D.R. Systems of America, LLC., resolved over 1,100 cases through the use of mediation and arbitration. Malman Law resolves 98% of all cases before trial with the help of this process. Many of the top personal injury lawyers in Chicago utilize mediation and arbitration to resolve cases. This is evidence that the aggressive use of mediation and arbitration to settle personal injury cases is growing rapidly. These are voluntary meetings agreed to by the parties, as opposed to those connected with the court system. The process is private and confidential.

I have successfully resolved many types of cases through the use of mediation and arbitration including, auto accidents, truck accidents, medical malpractice, nursing home neglect, construction accidents, slip and falls, accidental shootings, dog bites and other personal injury matters.

Mediation is a dispute resolution process where a neutral party, usually a retired Judge, helps to negotiate a settlement for a case. There is usually no live testimony at a mediation. The parties have total control over the outcome of the mediation and decisions are made after being informed of all information available. At a mediation the parties are not required to agree to a settlement, it is completely the parties own decision.

Arbitration is similar to a trial but is faster, less expensive and final. In an arbitration, the parties submit, usually to a retired Judge, all of the evidence to prove a case. This includes live testimony as well as written documentation. The Judge then renders a final binding decision. Sometimes, the decision can be controlled with a "high/low" agreement. This means that the parties can agree to the least amount that a party can recover and the most amount a party can recover. This allows for a range of expected recovery.

My many years of experience has taught me that the keys to alternative dispute resolution (A.D.R.) are preparation, patience and an open mind. I am always willing to listen to what someone has to say if it is in my client's best interest. See you out of court!